TitleCitationYearSummaryMost RelevantTypeStatus
Herriman v. Mulhollan 1 Mart.(n.s.) 605, Supreme Court of Louisiana (September 01, 1823) 1823 Appeal from the court of the sixth district.   Cases  
Heth v. Cocke 1 Rand. 344, Supreme Court of Appeals of Virginia (March 20, 1823) 1823 A widow is not entitled to dower of real estate, which had been mortgaged by her husband, before the marriage. The only claim of the widow in such case, is to dower in the equity of redemption. The same principle applies as well to mortgages after marriage, where the wife unites in the mortgage, and has been privily examined, as to mortgages before...   Cases  
Holtzapple v. Phillibaum 12 F.Cas. 430, Circuit Court, ED Pennsylvania (April 01, 1823) 1823 Ejectment [by the lessee of Holtzapple and wife against Phillibaum] for two hundred and fifty acres of land in Cumberland county. The plaintiffs' title commenced with a Blunston's license, dated the 17th of February, 173435, granted to John Calhoun to settle and improve two hundred acres of land on Robert Dunning's spring next below James Dunning,...   Cases  
Innis v. Ware 1 Mart.(n.s.) 643, Supreme Court of Louisiana (September 01, 1823) 1823 Appeal from the court of the sixth district.   Cases  
Johnston v. Duncan 3 Litt. 163, Court of Appeals of Kentucky (April 17, 1823) 1823 Statement of the case. This was an action of debt, brought in the circuit ??ourt by Duncan, to recover the amount of an obligation given to him by Reuben Johnston, deceased. The ??ction was brought against Thomas Johnston, as exec??tor of the estate of Reuben Johnston, deceased, and the declaration pursues the writ in that respect. Johnston...   Cases  
Johnston v. Wall 1 Mart.(n.s.) 541, Supreme Court of louisiana (September 01, 1823) 1823 Appeal from the court of the sixth district.   Cases  
Jones v. Henry 3 Litt. 46, Court of Appeals of Kentucky (April 10, 1823) 1823 WRIT OF ERROR ON A JUDGMENT OF THE BOURBON CIRCUIT COURT. 1. Where the plaintiff in error has pleaded a plea tendering an immaterial issue in the court below, he can not obtain a reversal of the judgment, on account of any illegal opinion of the judge, delivered in the progress of the trial. 1 and 2. 2. Where the act of limitations is pleaded...   Cases  
Jones v. Henry 3 Litt. 427, Court of Appeals of Kentucky (June 13, 1823) 1823 ??N APPEAL FROM A DECREE OF THE SCOTT CIRCUIT COURT. 1. Where a court of law can get hold of the whole matter, it ?? as competent to try a question of fraud as a court of equity; ??nd in such case the matter can not be re-tried in chancery. 1. 2. Where there is a failure of an investigation of the matter ??t law, from the defective pleading of the...   Cases  
Jones v. Lucas 1 Rand. 268, Supreme Court of Appeals of Virginia (January 21, 1823) 1823 Where, on a trial at law, a deposition is introduced, taken regularly under a commission, and an objection is made to some of the questions as leading questions, the court cannot suppress the improper questions and answers, after the jury is sworn; but the objection should be made to the court before the jury is sworn, and the improper questions...   Cases  
Kimble v. Kimble 1 Mart.(n.s.) 633, Supreme Court of Louisiana (September 01, 1823) 1823 Appeal from the court of the sixth district.   Cases  
Landreaux v. Hazleton 1 Mart.(n.s.) 600, Supreme Court of Louisiana (September 01, 1823) 1823 Appeal from the court of the sixth district.   Cases  
Lapsley v. Brashears 4 Litt. 47, Court of Appeals of Kentucky (October 11, 1823) 1823 FROM THE GENERAL COURT. THE BILL OF EXCEPTIONS WAS SIGNED BY THE HON. ADAM BEATTY. Walter Brashears, being indebted by contract to the intestate, William Lapsley, one thousand dollars, the latter brought suit in the Fayette circuit court, and recovered judgment against the former for the amount of his debt, together with interest thereon from the...   Cases  
Lewis' Adm'r v. Wyatt 2 Rand. 114, Supreme Court of Appeals of Virginia (December 12, 1823) 1823 The Court being satisfied, that the beneficial interest in the property on which the execution was levied, was in Warner Lewis, the younger, as residuary legatee, though the naked legal estate may have been in the executors of Warner Lewis, the elder, by virtue of the bill of sale, as to which, after the judgment at law, the Court does not mean to...   Cases  
Lyle v. Richards Supreme Court of Pennsylvania (April 12, 1823) 1823 James Hamilton, the elder, being seised in fee of the land which is the subject of this suit, devised it to his nephew, William Hamilton, for life, remainder to the first son of the said William, for life, remainder to that first, and every other son and sons of the said first sum of the said William, successively, accordings to priority of birth,...   Cases  
Mason v. Rogers 4 Litt. 375, Court of Appeals of Kentucky (January 01, 1823) 1823 FROM THE MONTGOMERY CIRCUIT COURT, THE HON. SILAS W. ROBBINS SOLE JUDGE. This case was decided at the Fall Term 1823; a petition for re-hearing was presented, the case suspended, and on the 31st of May, 1824. the former opinion was renounced, and this adopted in its place. The Reporter could see no necessity for publishing either the former opinion...   Cases  
McCoy v. Beard 2 Hawks 377, Supreme Court of North Carolina (June 01, 1823) 1823 A Sheriff is not liable to a recovery for misfeasance in office, by levying on lands when Defendant in the execution had personal property sufficient to satisfy the debt, unless it be shewn that he knew it to be the property of Defendant--or unless it be pointed out to him as such, and an indemnity offered to sell it. This was an action on the case...   Cases  
McGrew v. Browder 2 Mart.(n.s.) 17, Supreme Court of Louisiana (December 01, 1823) 1823 Appeal from the court of the third district.   Cases  
McGuire v. Amelung 12 Mart.(o.s.) 649, Supreme Court of Louisiana (January 01, 1823) 1823 Appeal from the court of the third district.   Cases  
McIntire's Ex'r v. Carson 2 Hawks 544, Supreme Court of North Carolina (December 01, 1823) 1823 The question, in this case, is, whether an executor, de son tort, can plead the statute of limitation, created by the act of 1715, ch. 10. If this were a plea that tended to the personal benefit of the executor de son tort, he ought not to be permitted to avail himself of it, but it is a plea, pleaded for the benefit of the estate; the rights of...   Cases  
McMullen v. Brown Harp. 76, Constitutional Court of Appeals of South Carolina (November 01, 1823) 1823 Office copy of a deed to R. C. under whom plaintiffs claimed, executed in 1768, and soon after recorded, was properly admitted in evidence, upon proof that search had been made among the papers of R. C. and in the office where the deed was recorded; and that R. C. and those claiming under him, had been in possession of the land conveyed ever since....   Cases  
McNeely v. McNeely 1 Mart.(n.s.) 646, Supreme Court of Louisiana (September 01, 1823) 1823 Appeal from the court of the sixth district.   Cases  
Miller's Ex'rs v. Rice 1 Rand. 438, Supreme Court of Appeals of Virginia (May 14, 1823) (1823) 1823 The appellants are executors of Thomas Miller, who, by his will, subjected his whole estate, real and personal, to be sold by his executors, for the payment of his debts. He died seised of four tracts of land of great value; the two most valuable of which, were subject to incumbrances for the payment of large debts, not due at the time of his...   Cases  
Mitchel v. Jewell 1 Mart.(n.s.) 87, Supreme Court of Louisiana (March 01, 1823) 1823 Appeal from the Court of the fourth district.   Cases  
Montegut v. Dauphin 1 Mart.(n.s.) 258, Supreme Court of Louisiana (May 01, 1823) 1823 Appeal from the court of the first district.   Cases  
Morris v. Terrell 2 Rand. 6, Supreme Court of Appeals of Virginia (November 22, 1823) 1823 A purchaser from an agent empowered to sell real property, cannot insist on the validity of such sale, if he had knowledge of any fraud or breach of trust in the agent. The failure of the purchaser to inspect the writing authorising an agent to sell real property, will affect him with notice of any defects or qualifications contained in such...   Cases  
Morrison v. Trudeau 1 Mart.(n.s.) 384, Supreme Court of Louisiana (June 01, 1823) 1823 Appeal from the court of the first district.   Cases  
Mulhollan v. Johnson 1 Mart.(n.s.) 579, Supreme Court of Louisiana (September 01, 1823) 1823 Appeal from the court of the sixth district.   Cases  
Newman v. Chapman 2 Rand. 93, Supreme Court of Appeals of Virginia (December 06, 1823) 1823 A subsequent purchaser will be affected with notice of a prior mortgage, although not recorded, if he has actual notice of the existence of such mortgage; and the fact of notice may be inferred from circumstances, as well as proved by direct evidence. The doctrine of lis pendens does not rest upon the presumption of notice, but upon reasons of...   Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Parker v. Luffborough Supreme Court of Pennsylvania (September 26, 1823) 1823 By the bill of exceptions, it appears, the only objection to the competency of the assessment was, that it did not appear by sufficient evidence, that the assessor had been sworn. I am not going to wade through the learning of the competency of acts of an officer de facto, as the cause does not require it, and as all the cases will necessarily have...   Cases  
Porter's Lessee v. Cocke Peck 30, Supreme Court of Errors and Appeals of Tennessee (May 01, 1823) 1823 The questions presented for determination by this case are, first, is a judgment a lien on the lands of the debtor; second, if a judgment be a lien on the lands of a debtor, in what manner may this lien be suspended or discharged; and, thirdly, if Porter's judgment was not a lien, or that lien were by any means destroyed before the sale under his...   Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Potter v. Richardson 1 Mart.(n.s.) 276, Supreme Court of Louisiana (May 01, 1823) 1823 Appeal from the court of the third district.   Cases  
Pringle v. Huse 1 Cow. 432, Supreme Court, New York (October 01, 1823) 1823 On the trial of a juror, upon a challenge by the plaintiff, for having expressed an opinion in favour of the defendant, the juror challenged may be called as a witness by the defendant. Where it appears probable, that the plaintiff cannot have a trial by an impartial jury, he may refuse going to trial, and will not, for that cause, be nonsuited....   Cases  
Pringle v. Huse 1 Cow. 432 (October 01, 1823) 1823 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Reynaud v. Guillotte 1 Mart.(n.s.) 227, Supreme Court of Louisiana (May 01, 1823) 1823 Appeal from the court of the parish and city of New-Orleans.   Cases  
Roberts v. Tennell 4 Litt. 286, Court of Appeals of Kentucky (November 27, 1823) 1823 FROM THE MADISON CIRCUIT COURT, THE HON. JAMES CLARK SOLE JUDGE. This was an action of replevin, brought in the circuit court by Tennell against Roberts and Hain, for the taking of a horse beast. The plaintiff in replevin may plead several pleas to the cognizance of the defendant. Hain made cognizance, by acknowledging the taking of the horse, but...   Cases  
Royall's Adm'rs v. Johnson 1 Rand. 421, Supreme Court of Appeals of Virginia (May 06, 1823) 1823 The appellants, on the 4th of June, 1803, filed their bill against Gregory Johnson and Thomas Goode, who had severally obtained judgments against them as administrators of J. E. Royall. deceased, seeking to injoin any further proceedings upon those judgments, upon the ground, that since the rendition of the judgments, suits had been brought and...   Cases  
Scott v. Burch's Adm'x 6 H. & J. 67, Court of Appeals of Maryland (June 01, 1823) 1823 Where a surety in an administration bond obtains possession of the goods of the intestate under an order made by the orphans court, (counter security having been required and not given) such surety acquires a right to the goods for the purpose of paying the debts of the intestate, and for distribution; and he hath both the possession and right of...   Cases  
Shearman v. Christian 1 Rand. 393, Supreme Court of Appeals of Virginia (March 22, 1823) 1823 I am not satisfied, by the reasons assigned in the opinion just delivered, that the record exhibits a case in which the rule, so long established by this court, ought to be departed from. That rule required security in all cases in which the judgment or decree against an executor or administrator is personal, as in the present case; and on good...   Cases  
Smallwood v. Worthington 2 Cranch C.C. 431, Circuit Court, District of Columbia (October 01, 1823) 1823 Assumpsit, charging that the defendant [William Worthington] promised that the servant, whose time of service the plaintiff [H. Smallwood] had bought of the defendant, had three years to serve, when, in truth, she had only one year to serve. The declaration does not aver fraud, or a knowledge on the part of the defendant that she had only one year...   Cases  
Smith v. Bell Peck 102, Supreme Court of Errors and Appeals of Tennessee (May 01, 1823) 1823 This was an appeal from the judge of the Chancery Court. The bill charges that Barton Goodwin, of Roane County, departed this life in 1811, having, on the 17th of October, 1810, made his last will and testament, leaving the defendant, Elizabeth, his second wife, and Jesse Goodwin, his son and only child, by a former wife, the said Elizabeth not...   Cases  
Smith v. Hoff 1 Cow. 127 (January 01, 1823) 1823 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
Smith v. Littlejohn 2 McCord 362, Constitutional Court of Appeals of South Carolina (May 01, 1823) 1823 A father is a competent witness to prove a gift by himself to his child. A bona fide gift, though voluntary, is not fraudulent against a subsequent creditor.   Cases  
Smith v. Maxwell 3 Litt. 471, Court of Appeals of Kentucky (June 20, 1823) 1823 A WRIT OF ERROR FROM AN ORDER OF THE WARREN COUNTY COURT. 1. An order of the county court appointing commissioners to assign dower, ought to shew on whose application it was made. 2. Where an order appointing commissioners to assign dower, has been set aside by the court, appointing them and other commissioners appointed, any report they may...   Cases  
Smoot v. Baldwin 1 Mart.(n.s.) 528, Supreme Court of Louisiana (September 01, 1823) 1823 Appeal from the court of the sixth district.   Cases  
Smoot v. Russell 1 Mart.(n.s.) 522, Supreme Court of Louisiana (September 01, 1823) 1823 Appeal from the court of the sixth district.   Cases  
Stafford v. Stafford 1 Mart.(n.s.) 648, Supreme Court of Louisiana (September 01, 1823) 1823 Appeal from the court of the sixth district.   Cases  
State v. Church 3 Ohio Dec.Reprint 85, Court of Common Pleas of Ohio, Gallia County (May 01, 1823) 1823 The defendant was indicted under the tenth section of the act for the punishment of certain offenses therein specified; for that she, under the false pretense of foreknowing future events, and of telling the fortune of George Badgley, did obtain from said George twenty-five cents, with intent him, the said George Badgley, to cheat and defraud....   Cases  
State v. Church 3 Ohio Dec.Reprint 85 (May 01, 1823) 1823 Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a...   Trial Court Orders  
State v. Gulden 2 McCord 524, Constitutional Court of Appeals of South Carolina (May 01, 1823) 1823 Where the defendant has been indicted for murder and manslaughter, and the bill thrown out by the grand jury for the murder, but found on the count for manslaughter, and the solicitor enters a nolle prosequi, with the intention of presenting a new bill for the murder, the prisoner will not be discharged, but may be bailed at the discretion of the...   Cases  
State v. Williams 2 McCord 383, Constitutional Court of Appeals of South Carolina (May 01, 1823) 1823 In a capital case, the court Held it was not sufficient cause to change the venue, that the prisoner swore he believed he could not obtain an impartial trial, because a sum of money had been raised by subscription by some of the citizens of the district to apprehend him, he having escaped from the sheriff.   Cases  
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